Kinstley v. Dollar Tree Stores, Inc.
ORDER denying 32 Motion for Summary Judgment; finding as moot 34 Motion to Strike. Signed by Honorable David C. Bramlette, III on February 25, 2015. (AA)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
PATSY ANN KINSTLEY
CIVIL ACTION NO: 5:14-cv-5-DCB-MTP
DOLLAR TREE STORES, INC.
ORDER DENYING MOTION FOR SUMMARY JUDGMENT
AND DENYING MOTION TO STRIKE
This matter is before the Court on Defendant’s, Dollar Tree
Stores, Inc., Motion for Summary Judgment [docket entry no. 32] and
Motion to Strike [docket entry no. 34]. Defendant Dollar Tree
Stores, Inc.’s, (“Dollar Tree”) motion to strike requests the Court
to strike all expert testimony because Plaintiff Patsy Ann Kintsley
had not designated any experts, including her treating physician,
before the expert designation deadline had passed. Mem. Supp. 1,
ECF No. 35. Dollar Tree’s motion for summary judgment argues that,
if the motion to strike is granted, Kintsley will be unable to show
causation without expert testimony. Mem. Supp. 2-3, ECF No. 33.
On February 11, 2015, Magistrate Judge Michael T. Parker
granted Kinstley’s motion to amend the scheduling order, resetting
the expert designation deadline to April 15, 2016. Order 4, ECF No.
44. Because the deadline is no longer expired, the Court finds that
the motion to strike is moot. Further, the motion for summary
judgment, so premised on the success of the motion to strike, will
IT IS HEREBY ORDERED that Defendant’s Motion to Strike is
DENIED as MOOT.
FURTHER ORDERED that Defendant’s Motion for Summary Judgment
SO ORDERED this the 25th day of February 2015.
/s/ David Bramlette
UNITED STATES DISTRICT JUDGE
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